Om Prakash -VII, J. - (1.) This application under Sec. 482, Cr.P.C. has been filed by the applicant with the prayer to quash the impugned order dated 16.9.2015 passed by the Special Judicial Magistrate, Firozabad in complaint case No. 24 of 2015 under Sec. 138, Negotiable Instrument, Act, police station Shikohabad, District - Firozabad. Further, prayer has been made to stay the further proceedings of the aforesaid complainant case. It appears that a complaint case No. 2070 of 2014, which was re -numbered as complaint case No. 24 of 2015, was filed by the opposite party No. 2 against the applicant under Sec. 138, Negotiable Instruments Act alleging that the cheques dated 29.6.2014 of Rs. Two Lakhs issued by the applicant was of the State Bank of India, Badshahpur, Gurgaon, Haryana and the same was presented at Bank of India, Shikohabad Branch, Firozabad, which was dishonoured on 2.7.2014. Applicant was summoned on 9.6.2015. Evidence in the matter was recorded. The applicant moved an application/objection before the court below that the Court at Firozabad has no jurisdiction to decide the aforesaid complaint case and the same be transferred to the competent court at Gurgaon where the cause of action arose. The Magistrate concerned passed the impugned order rejecting the prayer and fixed 29.9.2015 as next date for examination of accused under Sec. 313, Cr.P.C, hence this application.
(2.) Heard Shri. Arvind Agarwal, learned counsel for the applicant as well as Shri. Zafeer Ahmad, learned AGA appearing for the State and perused the entire record.
(3.) It was submitted by the learned counsel for the applicant that the application was moved before the court below to the effect that the cheque in question was drawn at State Bank of India, Badshahpur, Gurgaon, Haryana, therefore, the Court bellow at Firozabad has no jurisdiction to try the case. The Court below has illegally rejected the application moved by the applicant. It was further submitted that in view of the law laid down by the Hon'ble Supreme Court in the case of Dashrath Rupsingh Rathod v/s. State of Maharashtra, : (2014) 9 SCC 129 : (AIR 2014 SC 3519), territorial jurisdiction of the Court in the present matter is at Gurgaon district. It was further submitted that merely on the basis that some evidence has been recorded in the matter at Firozabad, objection raised by the applicant cannot be rejected.;